§ 1007. — Readjustment of lease terms and conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1007]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 23--GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES
Sec. 1007. Readjustment of lease terms and conditions
(a) Initial readjustment; periodic intervals; notice; objections,
relinquishment, and termination
The Secretary may readjust the terms and conditions, except as
otherwise provided herein, of any geothermal lease issued under this
chapter at not less than ten-year intervals beginning ten years after
the date the geothermal steam is produced, as determined by the
Secretary. Each geothermal lease issued under this chapter shall provide
for such readjustment. The Secretary shall give notice of any proposed
readjustment of terms and conditions, and, unless the lessee files with
the Secretary objection to the proposed terms or relinquishes the lease
within thirty days after receipt of such notice, the lessee shall
conclusively be deemed to have agreed with such terms and conditions. If
the lessee files objections, and no agreement can be reached between the
Secretary and the lessee within a period of not less than sixty days,
the lease may be terminated by either party.
(b) Rentals and royalties; initial readjustment; periodic intervals;
limitation on increases and on royalties; notice; objections,
relinquishment, and termination
The Secretary may readjust the rentals and royalties of any
geothermal lease issued under this chapter at not less than twenty-year
intervals beginning thirty-five years after the date geothermal steam is
produced, as determined by the Secretary. In the event of any such
readjustment neither the rental nor royalty may be increased by more
than 50 per centum over the rental or royalty paid during the preceding
period, and in no event shall the royalty payable exceed 22\1/2\ per
centum. Each geothermal lease issue \1\ under this chapter shall provide
for such readjustment. The Secretary shall give notice of any proposed
readjustment of rentals and royalties, and, unless the lessee files with
the Secretary objection to the proposed rentals and royalties or
relinquishes the lease within thirty days after receipt of such notice,
the lessee shall conclusively be deemed to have agreed with such terms
and conditions. If the lessee files objections, and no agreement can be
reached between the Secretary and the lessee within a period of not less
than sixty days, the lease may be terminated by either party.
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\1\ So in original. Probably should be ``issued''.
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(c) Surface use, protection, or restoration of lands withdrawn or
acquired for Federal agency; notice; approval of agency
Any readjustment of the terms and conditions as to use, protection,
or restoration of the surface of any lease of lands withdrawn or
acquired in aid of a function of a Federal department or agency other
than the Department of the Interior may be made only upon notice to, and
with the approval of, such department or agency.
(Pub. L. 91-581, Sec. 8, Dec. 24, 1970, 84 Stat. 1569.)